Украина 2016-07-19T18:46:05+03:00
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Poroshenko Signs Off On Law On Public Prosecution

Poroshenko Signs Off On Law On Public Prosecution

"We must pass investigation to the State Bureau of Investigations. We have liquidated the last Soviet vestige in the Ukrainian law-enforcement system," said Poroshenko when affixing his signature to the law.

President Petro Poroshenko has signed the new version of the Law on Public Prosecution, reads a statement made by the President's press service.

"We must pass investigation to the State Bureau of Investigations. We have liquidated the last Soviet vestige in the Ukrainian law-enforcement system," said Poroshenko when affixing his signature to the law.

This document cancels the prosecutors' functions of supervision over observance and application of laws, and transfers the respective functions to responsible bodies of state power.

Prosecutors are now deprived of the powers to carry out investigation (after creation of the State Bureau of Investigations) but retains its functions of pressing government charges at court; standing for legally incapable citizens; supervision over observation of laws by the bodies carrying out investigative activities, inquest and pre-trial investigation; supervision over observation of laws during execution of judgements in criminal cases, and also other coercive actions related to restriction of citizens’ individual liberty.

Under the law, the public prosecution system comprises the Prosecutor-General’s Office, regional and local prosecutors' offices and military prosecutors' offices.

The Law orders creation of prosecutors’ self-government bodies: All-Ukrainian Conference of Prosecutors, Qualifications and Disciplinary Commission (QDC) of Prosecutors and Council of Prosecutors.

The Conference appoints/dismisses members of the Higher Council of Justice, appoints members of the Council of Prosecutors and the QDC of Prosecutors.

The Council of Prosecutors gives recommendations on appointment/dismissal of public prosecutors from administrative jobs, deals with prosecutors’ appeals and other notifications of about threat to their independence.

The QDC of Prosecutors applies disciplinary penalties to public prosecutors, keeps records of data on the quantity of vacant prosecutor positions, selects candidates for posts, and takes part in prosecutors’ transfer.

The Prosecutor General is appointed by the President with the assent of the Verkhovna Rada for five years without the right for extension of the tenure.

The Prosecutor General can be discharged ahead of time on account of tendering resignation, on basis of recommendation of the QDC or the Higher Council of Justice, and when the parliament has pass no-confidence motion.

Prosecutor’s official salary is set at 12 minimum wages (from 2017).

Most of the statutory provisions enters into force in six months after the day of publication.

Within one month after the day of publication of this Law, a congress of law school and academic institution executives, a congress of the bar of Ukraine for appointing members of the Qualifications and Disciplinary Commission of Prosecutors.

As Ukrainian News earlier reported, the Verkhovna Rada endorsed the corresponding bill on October 14.

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